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BOWERS v. WOOD

No. 12724.

618 P.2d 1233 (1980)

Guy M. BOWERS, Plaintiff-Appellant, v. Wayne W. WOOD and Doug Bass, Defendants-Appellees, and G. Lynn Martin and Reva J. Martin, his wife, Cross-Defendants-Appellants.

Supreme Court of New Mexico.

September 4, 1980.

Attorney(s) appearing for the Case

Mel B. O'Reilly, Lee Huckstep, Ruidoso, for appellants.

Gordon H. Schnaufer, Ronald G. Harris, Ruidoso, for defendants-appellees.

OPINION

SOSA, Chief Justice.

Guy Bowers and the Martins (purchasers) entered into a contract with Wood and Bass (sellers) to buy "the business known as the Texas Club." Bowers paid the sellers $10,000.00 in earnest money. The sale was not consummated, and Bowers sued the sellers for breach of contract, seeking return of the earnest money. Wood then counterclaimed against the purchasers for specific performance. The trial court found that Bowers was not entitled...

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